California Court of Appeal

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Aguilera v. Heiman, B206790

In a negligence action, trial court judgment dismissing plaintiff's claim is affirmed where: 1) plaintiff's the claim is time barred by the one-year statute of limitations under Code of Civil Procedure former sec. 340 (3); 2) plaintiff's action was not equitably tolled while he was pursuing his workers' compensation remedy; and 3) the trial court did not abuse its discretion in sustaining the demurrers without leave to amend.

Appellate Information

  • Decided 05/29/2009
  • Published 05/29/2009

Judges

  • FLIER, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Zukor and Nelson, Abram Charles Zukor and Marilyn H. Nelson, Beverly Hills, for Plaintiff and Appellant.

  • For Appellees:
  • Law Offices of Bradford L. Treusch and Bradford L. Treusch for Defendant and Respondent Robert P. Heiman., Kulik, Gottesman, Mouton & Siegel, Donald S. Gottesman and David A. Bernardoni, Sherman Oaks, for Defendant and Respondent 2612 Montana Avenue Owners Association.